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§12A-4A-502.
§12A-4A-502.
CREDITOR PROCESS SERVED ON RECEIVING BANK; SETOFF BY BENEFICIARY'S
BANK
(a) As used in this section, "creditor process" means levy,
attachment, garnishment, notice of lien, sequestration, or similar
process issued by or on behalf of a creditor or other claimant with
respect to an account.
(b) This subsection applies to creditor process with respect to an
authorized account of the sender of a payment order if the creditor
process is served on the receiving bank. For the purpose of
determining rights with respect to the creditor process, if the
receiving bank accepts the payment order the balance in the authorized
account is deemed to be reduced by the amount of the payment order to
the extent the bank did not otherwise receive payment of the order,
unless the creditor process is served at a time and in a manner
affording the bank a reasonable opportunity to act on it before the
bank accepts the payment order.
(c) If a beneficiary's bank has received a payment order for payment
to the beneficiary's account in the bank, the following rules apply:
(1) The bank may credit the beneficiary's account. The amount credited
may be set off against an obligation owed by the beneficiary to the
bank or may be applied to satisfy creditor process served on the bank
with respect to the account.
(2) The bank may credit the beneficiary's account and allow withdrawal
of the amount credited unless creditor process with respect to the
account is served at a time and in a manner affording the bank a
reasonable opportunity to act to prevent withdrawal.
(3) If creditor process with respect to the beneficiary's account has
been served and the bank has had a reasonable opportunity to act on
it, the bank may not reject the payment order except for a reason
unrelated to the service of process.
(d) Creditor process with respect to a payment by the originator to
the beneficiary pursuant to a funds transfer may be served only on the
beneficiary's bank with respect to the debt owed by that bank to the
beneficiary. Any other bank served with the creditor process is not
obliged to act with respect to the process.
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